A constitution that’s easy to find

A constitution sets out the rules of public power. It says who has power, what they can do with it, what the checks and balances are, and what citizens’ rights are. New Zealand’s constitution is in many different places, including New Zealand and British Acts of Parliament, the common law, and unwritten conventions. Wouldn’t it be better if the main rules were written in one place so people could find and understand them?

One of the clear findings of the 2013 Constitutional Advisory Panel was that few New Zealanders understand the country’s constitution, and most find it hard to find. Not all New Zealanders know that the country even has a constitution.

The panel found there was a ‘consensus’ that the Constitution needs to be more accessible and easier to understand, and said that one way of doing that might be to assemble all constitutional provisions in one law.

This is one of the main proposals of A Constitution for Aotearoa New Zealand.

New Zealand’s current constitutional arrangements are almost impossible for ordinary New Zealanders to find or understand. They consist of a jumble of statutes from New Zealand and the United Kingdom, as well as court decisions, letters patent, and conventions.

You can read more about our proposal in chapter 1 of A Constitution for Aotearoa New Zealand.

Can you find New Zealand’s constitution?

The head of state

Who is NZ's head of state? See the Constitution Act 1986, the Royal Titles Act 1974, the Act of Settlement Act 1700 (UK), the Royal Marriages Act 1772 (UK), and the Ascension Declaration Act 1910 (UK).

What are the powers of the head of state? See the Letters Patent 1983, the common law relating to Royal prerogative, constitutional convention that the Governor-General acts on Ministerial advice.

Democracy and elections

Electoral system: See the Electoral Act 1993.

The Government's responsibility to Parliament: see the relevant constitutional convention.

Democratic rights and freedom of expression:
See the New Zealand Bill of Rights Act 1990, the Defamation Act 1992, the common law relating to defamation and parliamentary privilege, and the Bill of Rights Act 1688 (UK).

Freedom of information: See the Official Information Act 1982 and the Ombudsmen Act 1975.

Parliament

Constitution and composition of Parliament: See the Constitution Act 1986, the Legislative Council (Abolition) Act 1950, and the Electoral Act 1993.

Other laws and conventions cover Parliamentary privilege and Parliament's role in public finances, overseeing regulations, and determining consistency of laws with the NZ Bill of Rights Act. Parliamentary procedures are set out in the Standing Orders.

Government

How the Government is constituted: See the Constitution Act 1986 and the Letters Patent 1983.

Powers of Cabinet and Ministers: See the constitutional conventions of collective Cabinet responsibility, individual Ministerial responsibility, and caretaker government.

Cabinet procedures: See the Cabinet Manual.

Various other Acts and common law provisions cover the public service and state sector, public finance, and judicial review of and legal liability for government actions.

The judiciary

Constitution and independence of the judiciary: See the common law relating to the jurisdiction of the High Court, the constitutional conventions of separation of powers and judicial independence, and the Lawyers and Conveyancers Act 2006.

Structure and powers: See the Constitution Act 1986,
the Judicature Act 1908, the Supreme Court Act 2003, the Te Ture Whenua Act 1993, the District Courts Act 1947, and the rules of court.

Other laws describe statutory interpretation and how judges are held accountable.

Limits on national government

International treaties and conventions: The common law of royal prerogative, the United Nations Charter, the Universal Declaration on Human Rights, the Convention on the Elimination of Racial Discrimination, the International Covenant on Civil and Political Rights, the International Covenant on Economic, Social, and Cultural Rights, the Convention on Elimination of Discrimination Against Women, the Convention Against Torture, the Declaration of the Rights of the Child, the General Agreement on Tariffs and Trade, the General Agreement on Trade and Services, and the custom of diplomatic and sovereign immunity.

Local government:The Local Government Act 2002, the Local Government (Rating) Act 2002, and the Local Electoral Act 2001.

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According to one study, NZ’s constitution is located in 45 Acts of Parliament (including six passed in England dating back to medieval times), 12 international treaties, nine areas of common law, eight constitutional conventions, and various other instruments. See above for more detail.

All New Zealanders need to be able to access information that will enable them to understand the basis on which government operates, and the way in which public power is organised.

By letting ordinary people know what is allowed and is not allowed in our country, a written constitution would rebalance power in favour of all people: not just people in government or with law degree.

Sam Bookman

My concern is that a move to adopt a written constitution for New Zealand may move us away from what I consider to be a very healthy culture of constitutional accountability and towards a more austere mind set of bare compliance.

Ed Willis

… our constitution should be more easily accessible and understood, and … one way of accomplishing this might be to assemble our constitutional protections into a single statute …

Constitutional Advisory Panel 2013

I think the idea of a written constitution is a good one… Putting the rights of people down in black and white and enshrining their collective and individual sovereignty over that of the legislature can only be a good thing.

Submission to Constitution Aotearoa NZ

I find it astounding that we have not got a formal written constitution. It is vital. Having a system of government that is ultimately predicated on everyone agreeing to play nice is not adequate for a modern democracy.

Submission to Constitution Aotearoa NZ

I do not want the Constitution changed in any way. Put it all in a book as it is, so anybody can get a copy if they want to.